Court : Himachal Pradesh
Reported in : 1995CriLJ800
..... has been committed. it is wrong to suppose that the police have an unfettered discretion to commence investigation under section 157 of the code. their right of inquiry is conditioned by the existence of reason to suspect the commission of a cognizable offence and they cannot, reasonably, have reason so to suspect unless the f. ..... appeals. we do not propose to finally pronounce on these vital points. on an oral appeal, the appellate bench modified the order made by the learned single judge and the injunction restraining investigation was vacated. however, the investigation officer was directed not to detain the writ petitioner i.e. respondents nos. 1 and 2 more ..... code.... 16. this reported case was pertaining to the violation of section 3 of the prize chits and money circulation schemes (banning) act, 1978, punishable under section 4 of the said act. it was held that the fir itself did not disclose any offence against the accused persons and with that background quashing of investigation by .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ124
..... legally justified.112. in view of the foregoing reasons, criminal appeal no. 4, of 1992 is dismissed and conviction and sentence passed by the addl. sessions judge against the appellant therein are maintained.113. however, the acquittal of accused bajinder singh is quashed and as a consequence thereof criminal appeal 277, of 1992 ..... that whatever this roshan lal deposed was altogether false inasuch as in a criminal trial even statements of witnesses, who are not totally reliable, can be acted upon where they are corroborated by other reliable evidence.96. regarding the eye witnesses the sole attack has been their inimical relations with the accused. in ..... various other factors essential for appreciation of evidence. the court while giving 'benefit of doubt' under the proved circumstances in favour of the accused has to act in a most steady manner so as to come to a definite conclusion that particular circumstances proved on record adversely affect the prosecution case in connnnecting the .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP48
..... filed by the defendant no. 3 is to be ignored as it was not filed within time allowed ? (6) relief. 13. the learned single judge decided issue no. 1 framed on 12th august, 1968 against the defendants. under issue no. 2, as originally framed, it was held that defendants had gone to khara-pathar, 2-3 days before the ..... joint venture against these instructions to be illegal, unconstitutional or un-sustainable. in this view of the matter it cannot be said that the joint venture was to act only as commission agent as has been submitted on behalf of the appellants. this point stands accordingly, disposed of.25. as per the pleadings of parties the transaction ..... was accepted on 2nd july, 1971 and case was remanded back for retrial after adding the following two issues:--(1) whether the defendants nos. 1 and 2 had acted as commission agents for the plaintiff for the transaction under consideration? (2) whether defendant no. 3 was authorised to enter into a contract for outright purchase on behalf .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ1393
..... as to how the police got information of the occurrence and why the police of police post, sanghani did not proceed to the place of occurrence immediately for inquiry into the matter and why the names of the accused persons were not recorded in the report aforesaid which was transmitted to police station, kihar. the record ..... payment of fine, was directed to undergo rigorous imprisonment for six months on each count vide the impugned judgment dated' january 16, 1993 passed by the learned sessions judge, chamba (h.p.). however, the sentences passed on each count were to run concurrently. aggrieved with the aforesaid judgment of the trial court, all the accused have ..... these facts, taken together, firstly show that disclosure statement has not been proved and secondly, no recovery in accordance with section 27 of the indian evidence act is proved to have been effected. thus, the recoveries allegedly effected by chuni lal accused are to be ignored. 15. now coming to the recoveries effected .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1994HP167
..... changes to the tehsildar/naib-tehsildar as the case may be. the tehsildar/naib-tehsildar will inquire and give reasonable opportunity of being heard to the parties. the inquiry should be completed within 3 months and the entries will be made in khasra girdwari according to the orders passed by the revenue officers after entering in his diary ..... one. it is well settled law, that this legal presumption can be rebutted in case latest entries were incorporated on the basis of the changed entries which on inquiry are held to have been changed without authority and against law in this particular behalf. the rebuttal of latest entry in a case of this nature would be automatic ..... as 'the act') he has become owner in possession of the suit land. he further pleaded that actually plain-tiffs were in occupation of some other land under the same landlord. the defendant in his written statement made it very cear that he was in actual possession of the suit land along with other land since 1968 as tenant .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1994CriLJ3662
..... proceed to the said cremation ground. his endorsement on copy of exhibit pw 4/ a reveals that he had not proceeded to the spot to hold an informal or preliminary inquiry. on arrival at the spot when he found that the appellant was trying to slip away, he apprehended him, who, on interrogation, admitted that the dead body on the pyre ..... cri lj 132, jagdish b. rao v. govt. of the union territory of goa, daman and diu, it has been held that (at pp. 133- 134):8. the learned sessions judge in his judgment has addressed himself to the question of admissibility of the telephonic message as a first information report. he has observed that the telephonic report can never be ..... be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ1151
..... it is expedient to reproduce section 313 of the criminal procedure code which reads thus :--'any court may, at any stage of any inquiry, trial or other proceeding under this code, summon any person as a witness, or examine any person in attendance, though ..... record, as prosecution witnesses.3. this prayer was contested by the accused. however, after hearing the parties, the trial judge dismissed the prayer of the prosecution by the impugned order. the relevant portion of that order reads as under :--it need ..... the case.8. the law is clearly expounded by the supreme court in jamatraj kewalji govani v. state of maharashtra, air 1968 sc 178 : (1968 cri lj 231) and mohanlal shamji soni v. union of india, (1991) 1 crimes 818 : (1991 cri lj ..... the application are relevant witnesses for the just decision of the case and the court below by disallowing the prayer has acted with material illegality in exercise of the jurisdiction vested in it. the contesting respondents-accused are represented by shri p. .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP74
..... pc 156 'where a will is charged with suspicion, the rules enjoin a reasonable scepticism, not an abdurate persistence in disbelief. they do not demand from the judge, even in circumstances of grave suspicion, a resolute and impenetrable incredulity. he is never required to close his mind to the truth'. it would sound platitudinous to ..... attested by the two witnesses or not. the argument was that the sub registrar having registered the security bond, under the provisions of the indian registration act, 1908, can be regarded as an attesting witness since the endorsement on the document suggested that the same was read over and explained to the excutant, ..... which are required to be observed in the execution and attestation of the will. for the purpose of decision in this appeal, section 63 of the indian succession act is relevant, which is reproduced hereunder:--'63. execution of unprivileged wills. --every testator, not being a soldier employed in an expedition nor engaged in actual warfare .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 1995CriLJ158
..... the rape, the accused removed his 'pent'. then, he removed the 'salvar' of the prosecutrix by breaking the string thereof. on account of this act, she felt pain arid raised hue and cry. smt. tara devi (pw-4) noticed that the prosecutrix was cry irig while she was'being taken ..... the apex court observed that:.corroboration is not the sine qua non for a conviction in a rape case.... in the indian setting, refusal to act on the testimony of a victim of sexual assault in the absence of corroboration as a rule is adding insult to injury. why should the ..... make it safe to dispense with it must be present to the mind of the judge.... the only rule of law is that this rule of prudence must be present to the mind of the judge or the jury as the case may be and be understood and appreciated by him ..... bhawani singh, j. 1. through this appeal, the accused has challenged the judgment of sessions judge, shimla, dated may 23, 1992 convicting him for an offennce under section 376, of the indian penal code and .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : AIR1995HP15
..... notice of thirty days from the date of receipt to the grantee.24. section 13 provides for arbitration by a sitting or retired district or high court judge appointed by the government where any dispute arises whether the amount determined by the special officer and payable in consideration of extinguishment of rights in the kutlehar forest ..... be fixed by the government'.'48. it may now be relevant to reproduce paragraphs 8, 9 and 10 of state of madhya pradesh v. ranoji rao shinde, air 1968 sc 1053, wherein k.s. hegde, j., said that:'8. from the above decisions it follows that choses in action and money could not be acquired under ..... : (a) the sites of buildings and other structures on such land; (b) orchards; (c) ghasnies; (d) banjar land; and (e) private forest;' section 2(19) of this act states: ''agricultural year', 'estate', 'holding'. 'legal practitioner', 'pay', 'rates and cesses', 'village cess' and 'village officer' have the meanings respectively assigned to these terms in the himachal .....
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